Local
Choi trial halted after challenge to judge’s ruling
Preliminary evidence shows ‘vindictive prosecution’
Former Army Lt. Dan Choi and 12 others were arrested last year after protesting ‘Don’t Ask, Don’t Tell’ at the White House. (Blade file photo by Michael Key)
A federal judge on Wednesday suspended the trial of gay former Army Lt. Dan Choi after the prosecutor said she would challenge his preliminary finding that sufficient evidence exists that Choi was targeted for “vindictive prosecution” in connection with a White House protest last November.
Choi and 12 other activists were arrested Nov. 15 for handcuffing themselves to the White House fence to protest the “Don’t Ask, Don’t Tell” law. Choi faces a possible sentence of six months in jail or a $5,000 fine if convicted on a misdemeanor charge of disobeying a lawful order to disperse from the fence.
In a tense exchange between U.S. District Court Magistrate Judge John Facciola, prosecutor Angela George announced she would file a request for a writ of mandamus or legal challenge before the court’s chief judge to contest Facciola’s decision to allow Choi’s attorneys to pursue a vindictive prosecution defense.
Facciola responded by saying he would suspend the trial for 10 days to give George, an assistant U.S. Attorney, time to prepare a motion for a writ of mandamus and to provide Chief Judge Royce Lamberth time to consider it.
William Miller, a spokesperson for the U.S. Attorney’s office, confirmed that George would seek the writ of mandamus from Lamberth. But he declined to comment further on the matter, saying his office never comments on pending cases.
If Lamberth grants the request, legal observers say Facciola would likely be directed not to allow Choi’s attorneys to pursue a vindictive prosecution defense. Should he turn down the request, Facciola would be free to allow the vindictive prosecution defense to move forward.
Such a defense would allow Choi’s attorneys to pursue documents and subpoena witnesses that Choi’s supporters say could possibly link the alleged effort to go after Choi for a harsher prosecution to higher-level government officials, including officials at the White House.
Defense attorney Robert Feldman called Facciola’s finding that the defense presented a “prima facie case” that a vindictive prosecution occurred a “vindication” of Choi’s longstanding contention that his arrest and prosecution violated his constitutional right to free speech.
The clash between George and Facciola came on the third day of the trial and one day after Choi testified for more than two hours as the lead witness for his own defense, saying he was exercising his First Amendment right to free speech at the White House protest.
In response to Feldman’s questions, Choi testified at length about his role as a civil rights activist for LGBT people and for gays in the military. He told how he models his actions on the black civil rights movement of the 1960s, including the famous lunch counter sit-ins at a Woolworth’s department store in Greensboro, N.C., that challenged segregation laws.
Choi testified that a series of three White House protests against the “Don’t Ask, Don’t Tell” law on gays in the military, in which he and other activists were arrested at the White House fence, were based on the same principle used in the black civil rights movement for exercising a constitutional right of free speech.
“I believe that was a transformative moment,” he said of the White House protests.
George objected repeatedly to Choi’s dialogue on civil rights, saying it was not relevant to the case at hand. To the amazement of some courtroom observers, Facciola overruled her objections almost every time she raised them.
In her cross-examination of Choi, George pressed the former Army officer, West Point graduate and combat veteran in the Iraq war to respond to the charge that he disobeyed a lawful order to disperse from the White House fence.
Choi responded by citing a provision in U.S. military law pertaining to unlawful orders.
“If you are given an order that is unlawful or immoral, it is your duty to disobey that order,” he said.
Feldman and defense co-counsel Norman Kent told reporters covering the trial that Choi’s defense is based, in part, on the premise that prosecutors singled him out for a harsher prosecution when they charged him with violating a federal regulation pertaining to White House protests and demonstrations along the White House fence and sidewalk.
The federal regulation carries a penalty of six months in jail and a possible $5,000 fine. The two attorneys said people arrested in virtually all other White House demonstrations in recent memory – including Choi and other activists in similar protests in April and May of 2010 – were charged under a D.C. municipal ordinance they compare to a traffic violation that carries no prison sentence.
In his testimony on Tuesday, Choi said he believes prosecutors decided to invoke the far more harsh federal regulation against him in the Nov. 15, 2010 case, which he now faces at trial, because of his role as a gay former military officer who is “standing up for my beliefs.”
Choi stated in his testimony that thousands of people appeared to have violated the same regulation with which he was charged when they gathered at the White House earlier this year to celebrate President Barack Obama’s announcement that accused terrorist Osama bin Laden had been killed in a U.S. military operation in Pakistan.
Choi and his attorneys noted that dozens of the revelers that evening clung to the White House fence and did not move back and forth along the sidewalk, as required under the ordinance for a demonstration, when they cheered and expressed support for the president’s role in bin Laden’s capture and death.
By not attempting to disperse or arrest the throngs that congregated at the fence on that occasion while they arrested Choi and other protesters for challenging Obama on his handling of the “Don’t Ask, Don’t Tell” law shows that Choi was singled out for “vindictive” prosecution, Choi’s attorneys argue.
Choi and his attorneys also argue that the ordinance that Park Police used to arrest Choi violates the 1969 U.S. Supreme Court decision Shuttlesworth v. Birmingham. The decision overturned a Birmingham, Ala., law used by police there to arrest a civil rights protester in 1963 for demonstrating without a permit on grounds that the law was used to stifle his constitutional right to peacefully parade in a civil rights protest.
In anticipation of Choi’s vindictive prosecution defense, the government filed a motion last Sunday, one day before the trial opened, arguing that rules established by previous court decisions require a vindictive or “selective” prosecution defense to be introduced prior to the start of a trial. The 14-page motion argues that such a defense cannot be introduced during a trial and that Choi’s defense team failed to introduce the defense before the trial started.
Facciola did not rule on the motion at the start of the trial, saying he would do so as the trial progressed to first determine whether Choi’s attorneys would move forward with that defense.
When questioned by George during the trial on Wednesday, Facciola said he chose to reject the government motion on grounds that prior decisions by appeals courts requiring a vindictive or selective defense to be introduced prior to trial applied only to jury trials.
Choi’s case moved forward as a non-jury trial similar to other misdemeanor cases involving alleged violation of regulations pertaining to protest demonstrations at the White House.
George’s announcement about the writ of mandamus came after Facciola appeared to side with arguments by the defense that the government singled out Choi for a harsher prosecution for his Nov. 15, 2010 White House protest.
They attracted national media attention when Choi and 12 other LGBT activists handcuffed themselves to the White House fence. About 75 supporters who assembled across the street in Lafayette Park cheered and chanted slogans for LGBT equality while Park Police removed the handcuffs with bolt cutters and placed Choi and the other protesters under arrest.
In May of this year, the 12 others who were arrested agreed to a government offer to plead guilty to the charge in exchange for the government dismissing the case against them in six months if the activists don’t get arrested during that period for any reason, including a similar civil disobedience protest.
Choi told reporters at a news conference outside the federal courthouse Monday, after the trial recessed for the day, that he rejected the government’s plea bargain offer because he believes the law and regulation used to arrest him is unconstitutional.
“I believe there is no law that, in the history of this country, abridges freedom of speech, assembly, or the right to protest for redress of grievances, which were clear and made plain by all of the defendants,” he said.
George called five Park Police officers and a U.S. Park Ranger as government witnesses on Monday. Under questioning from George, they testified that they had no intention of singling out the protesters for their political beliefs or because of their sexual orientation.
In his cross-examination of the officers, Feldman questioned the validity of their decision to charge Choi under the federal regulation rather than the less serious D.C. municipal statute.
Feldman released an e-mail sent to the defense on Friday by George that extended another offer for Choi to plead guilty to the charge in exchange for the dismissal of the case by the government if Choi refrained from getting arrested for the next four months.
Feldman said Choi responded by saying he would accept the offer only on condition that the government issue a public apology to Choi in court on Monday for the arrest and prosecution against him. Feldman said the government rejected the conditions, prompting Choi to turn down the offer.
A spokesperson for the U.S. Attorney’s office said the office would have no comment on the case while the trial is in progress.
Park Police Lt. Robert Lachance, who led a team of officers assigned to arrest the protesters, testified that an assistant solicitor general at the Department of Interior, which has jurisdiction over the Park Police, advised him that the act of chaining oneself to the White House fence violated a federal regulation against actions that pose a threat to public safety, obstruct traffic, and potentially prevent “emergency responders” from carrying out their work.
At the news conference, Feldman said he planned to argue at the trial that Choi’s action at the White House fence did not violate the regulation and statute cited by the Park Police and by prosecutor George.
“It’s uncontroverted that Lt. Choi is no threat to the public safety whatsoever,” said Feldman. “Neither does he obstruct traffic, which is the second part of the regulation.”
Feldman said he would also argue that the regulation used by authorities to arrest Choi applies only to the sidewalk next to the White House fence. He noted that Choi and the other protesters were standing on a masonry ledge that rises above the sidewalk and serves as an anchor for the White House fence.
“It’s very clear that my client was never on the sidewalk,” Feldman said. “He was on the masonry fence, which is above the sidewalk. And the warnings from Lt. Lachance said, ‘Get off the sidewalk.’ How can you get off the sidewalk if you were never on the sidewalk?”
He said he would also argue that Choi was unable to hear the warning that Lachance made to the protesters through a loudspeaker brought to the scene by Park Police. Lachance testified that he read a scripted message three times ordering the protesters to leave the fence and warning them they would be arrested if they did not comply with that order.
Feldman said Lachance’s warnings were drowned out by loud shouts and chants by Choi and the other 12 protesters handcuffed to the fence as well as by dozens of other protesters assembled in Lafayette Park.
The chants and shouts could be heard in a video recording of the protest that George played in the courtroom as part of a prosecution exhibit for the trial.
“There’s a cacophony of noise all around, and how can you possibly hear Lt. Lachance’s warnings to go away?” Feldman said at the news conference.
Gay activist and former military Capt. Jim Pietrangelo II testified on Tuesday as a defense witness, saying he observed first-hand what he believes were attempts by Park Police and government officials overseeing the police action an effort to single Choi out for a harsher charge based on Choi’s statutes as a gay former military officer and advocate for gays in the military.
Rehoboth Beach
Rehoboth’s ‘Poodle Beach’ to be honored with historical marker
Delaware Public Archives to hold ceremony June 27
The Delaware Public Archives is set to unveil a new State of Delaware Historical Marker recognizing Rehoboth’s Poodle Beach Saturday, June 27, at 9 a.m. The unveiling will take place at the corner of Prospect Street and the South Boardwalk in Rehoboth Beach, Del.
The unveiling ceremony is free and open to the public and will include remarks from members of the community, government officials, and representatives from the Delaware Public Archives.
Located at the southern end of the boardwalk near Queen Street, Poodle Beach is one of the most famous sections of Rehoboth Beach, having served as a gathering place for the LGBTQ community for decades.
The Delaware Public Archives said that, “The marker recognizes the site’s longstanding role in the social and cultural history of both Rehoboth Beach and the State of Delaware.”
The petition to have Poodle Beach recognized with a historical marker was started by a group of Rehoboth Beach residents in June 2020 and was officially approved in December 2020.
Although the origins of where Poodle Beach got its name are unknown, its history can be traced back to du Pont heiress and well-known lesbian Louisa Carpenter. Carpenter and her LGBTQ group of friends would travel to ‘Carpenter Beach’ toward Dewey Beach in the19 30s and ‘40s.
Over time, the beach grew in popularity and began to be used predominantly by gay men in the following decades. It wasn’t until the ‘80s when the beach spread back toward the boardwalk as people stopped making the journey to Carpenter beach.
Poodle Beach was initially called “Lazy Gay Beach” because gay men got tired of walking so far from the boardwalk to get to Carpenter Beach.
There are multiple theories that explain how the name ‘Poodle Beach’ came to be. One of the most popular is the ‘Two cousin theory’ where it is rumored that a pair of cousins would drive up from Maryland and bring their poodle dogs onto the beach.
Poodle was also the site of the popular Labor Day weekend drag volleyball games that were started in 1988 and ended with COVID in 2020.
District of Columbia
McDuffie concedes to Lewis George in D.C.’s mayoral primary
Democratic Socialist presumed winner while official vote count continues
D.C. Councilmember Janeese Lewis George (D-Ward 4) emerged as the presumed winner in the city’s June 16 Democratic primary for D.C. mayor as her lead opponent, former Councilmember Kenyan McDuffie (D-At-Large) conceded the race Thursday, June 18.
Both Lewis George and McDuffie have strong records of support for the for the LGBTQ community, and local LGBTQ rights activists appeared divided in their support between the two mayoral candidates.
“Earlier this morning, I called Councilmember Janeese Lewis Geroge to congratulate her on her victory and wish her success as she prepares for the general election,” McDuffie said in a statement. “The campaign may be over, but the work of building a safer, more affordable, more prosperous city continues,” he said
It its most recent release of the official first-choice vote count at 1:54 p.m. on Thursday, June 18, the D.C. Board of Elections reported Lewis George had 55,214 votes or 52.87 percent of the vote. McDuffie had 38,033 votes, or 36.42 percent.
Each of the five other Democratic mayoral candidates had less than 4 percent of the vote, including Rini Sampath, who self-identifies as queer, who had 3.093 votes or 3.02 percent.
With about 75 percent of D.C. voters registered a Democrats, Lewis George’s status as the apparent Democratic nominee makes here the odds-on favorite to win the general election in November. Board of Elections records show that no Republican candidate ran for mayor in the D.C. Republican primary on June 16 and one Statehood Green Party candidate — Robert G. Gross — ran unopposed. The latest vote count shows he received 312 votes from registered Statehood Green Party members.
With Lewis George running as a democratic socialist and left leaning “progressive” candidate and McDuffie running as a more moderate Democrat on a wide range of issues, LGBTQ activists, like voters in general, appear to backed either of the two on non-LGBTQ issues since both are strongly supportive of the LGBTQ community, including transgender-related issues.
Lewis George received the endorsement of the Capital Stonewall Democrats, D.C.s largest local LGBTQ political group.
D.C. Councilmember Robert White (D-At-Large), who supported Lewis Geroge for mayor, emerged as the apparent winner in the race for D.C. delegate to the U.S. House of Representatives. He received 62.9 percent of the vote in a five-candidate race. His closest opponent, D.C. Councilmember Brooke Pinto (D-Ward 2), who conceded the race to White, received 21.52 percent of the vote. White and Pinto have been longtime supporters of the LGBTQ community.
In other races, D.C. Councilmember Zachary Parker (D-Ward 5), the Council’s only gay member, received 76.51 percent of the vote in a three-candidate race, making him the clearcut winner in the primary.
In the Ward 1 D.C. Council race, where five LGBTQ supportive candidates were competing for the seat being vacated by incumbent Brianne Nadeau, who is not running for re-election, community activist Aparna Raj, who identifies as bisexual, has emerged as the apparent winner with 46.91 percent of the vote. Her closest opponent, gay candidate and LGBTQ rights advocate Miguel Trindade Deramo, had 20.63 percent.
D.C. Council Chair Phil Mendelson (D-At-Large) and Councilmember Matthew Frumin (D-Ward 3) ran unopposed for re-election in the primary and emerged as winners. Also emerging as apparent primary winners were Councilmember Charles Allen (D-Ward 6), with 74.4 percenter of the vote, and D.C. Attorney General Brian Schwalb, with 90.4 percent.
In the At-Large D.C. Council race where nine Democrats were competing for the seat being vacated by incumbent Anita Bonds, who is retiring, local pharmacist and community activist Oye Owolewa, who was endorsed by Capital Stonewall Democrats, was leading with 33.89 percent
In the special election to fill the other At-Large Council eat that under the city’s Home Rule Charter must go to a non-Democrat, former Councilmember Elissa Silverman was leading with 54.87 percent of the vote in a three-candidate race. Incumbent Doni Crawford, who was temporarily appointed to the seat, was in second place with 24.09 percent.
At least 14 known LGBTQ candidates were among several dozen candidates competing for seats on the D.C. Democratic State Committee in the June 16 primary.
Longtime local gay Democratic activist and Ward 8 community leader Philip Pannell emerged as the apparent winner in the race for D.C. Democratic National Committee, one of the two highest-level State Committee positions, along with the National Committeewoman post. Pannell received 40,073 votes or 49.32 percent of the vote, according to the latest vote count.
Coming in second place in the National Committeeman race was gay Democratic activist David Meadows, who had 34,875 votes or 42.92 percent. The third candidate in the race, Mike Panetta, had 5,904 votes or 7.27 percent.
The winners couldn’t immediately be determined in the races where most of the other LGBTQ State Committee candidates were running. Two of the presumed winners who had a sufficient number of votes to win prior to the final vote count were trans candidate Vida Rangel for the Ward 1 Democratic Committeewoman seat; and Stevie McCarty for the Ward 2 Democratic Committeeman seat.
District of Columbia
Pride is here!
Parade, festival, parties planned for 51st annual D.C. celebration
The 51st annual Capital Pride is already underway with parties and events throughout D.C. The Capital Pride Parade and Capital Pride Festival are the two large signature events slated for this weekend, though there are many other LGBTQ Pride celebrations planned for venues throughout the city in the days to come.
Friday, June 19
The Capital Pride Alliance and the Mayor’s Office of LGBTQ Affairs are hosting the LGBTQ+ Women’s Symposium at Arlo Washington DC (333 G St., N.W.) with sessions scheduled from 10:30 a.m.-2:30 p.m. and a day party from 3-7 p.m. The symposium brings together community leaders and advocates for panel discussions and dialogue. RSVP for the free event on capitalpride.org.
The RIOT! Official Capital Pride Opening Party is scheduled for 9 p.m.-3:30 a.m. at Echostage (2135 Queens Chapel Rd., N.E.). Bob the Drag Queen will be running a DJ set and Myki Meeks scheduled as the headlining performer. Area DJs and performers include: Bambi, Baphomette, Bumper, Cake Pop!, Connor, DJ Ed Bailey, DJ Diyanna Monet, Evry Pleasure, Jakknife Complex, Mari Con Carne, Pussy Noir and WessTheDJ. Advance tickets run from $49-$59 and will be $69 at the door. Capital Pride General and VIP pass packages also include admission and can be purchased on capitalpride.org. The event is 18+.
KINETIC Presents is holding a Pride opening party, UNCUT XXL: Heavy Load from 10 p.m.-4 a.m at A.i. Warehouse (530 Penn St. N.E.). There will be music by Alex Acosta, Felipe Lira and Mitch Ferrino. Tickets are $80.33-$96.62 + fees on Eventbrite. The event is 21+.
Saturday, June 20
A Capital Pride Family Fun Festival will be held at Stead Park (1625 P St., N.W.) from 11 a.m.-3 p.m. The event is designed for families and children with games, crafts, glitter tattoos, hair tinsel, story time, an inflatable obstacle course, and more. The event is free and especially designed for children ages 2-10, though is open to everyone.
The Crack of Noon Parade Brunch is scheduled for 12-3 p.m. at Viceroy Washington DC (1430 Rhode Island Ave., N.W.). It is an all-you-can-eat gourmet brunch with mimosas. Tickets for the event are limited and range from $75-$90 or as a part of the VIP package available on capitalpride.org. The event is 21+.
The 17th Street Pride Block Party will run concurrently with the Capital Pride Parade from noon-10 p.m. on 17th St., N.W. between P and S streets. The event is presented by Absolut.
The Capital Pride Parade is one of the largest in the region and is expected to draw tens of thousands of participants and spectators. The annual parade is scheduled for 3-7:30 p.m. and will move through the Shaw, Logan Circle, Downtown and Penn Quarter neighborhoods. The parade is anticipated to begin at 14th Street and T Street, N.W. and end at Pennsylvania Avenue and 9th Street, N.W. The event is free to spectate and open to people of all ages, however, there are grandstand bleachers set up at Franklin Park (957 14th St., N.W.) for a shaded, seated spot for $40 in advance. Tickets for the grandstand bleachers are available on capitalpride.org. Monroe Alise and David Archuleta are serving as the parade grand marshals.
The Official Capital Pride Women’s Party, ELIX-Her, is slated for 10 p.m.-3 a.m. at Decades DC (1219 Connecticut Ave., N.W.) The multi-floor event has a different “vibe” for each floor: Latin/reggaeton/Caribbean, house/dance/pop, and hip-hop/rap/afro/reggae musical genres. Tickets are $32.15-$42.59 + fees and can be purchased on capitalpride.org. The event is 21+.
The MIXTAPE Pride Party is scheduled for 10 p.m. at the 9:30 Club (815 V St., N.W.) with DJs Shea Van Horn and Matt Bailer. Tickets are $45.65 and are available on ticketmaster.com. The dance party is 21+.
KINETIC Presents partners with Capital Pride to produce the Official Main Event party, Toy Land, from 10 p.m.-4 a.m at Echostage (2135 Queens Chapel Rd., N.E.). Toy Land is 18+ and features music by GSP and Matt Suave. There will be a special performance by Alaska from “RuPaul’s Drag Race.” Tickets are $63.35-$69.15 and available on ticketmaster.com.
Sunday, June 21
The Capital Pride Festival is scheduled for 12-10 p.m. on Pennsylvania Avenue, N.W. The event will include food courts, multiple beverage gardens, vendors, community organizations, games, art, performances, dancing and more. Donations are appreciated by organizers, but the event is free. There are designated beverage garden areas for attendees 21+, but the majority of the festival is open to people of all ages. The Capital Pride Concert on the main stage of the festival runs from 1-8 p.m. with a sunset dance party with DJ Tracy Young planned for 8-10 p.m. The stage is at the east end of the festival on Pennsylvania Ave. at 3rd Street. The event is free and open to the public, but VIP passes for an area near the stage for attendees 21+ are available on capitalpride.org and range from $230-$290 or as a part of a $450 Capital Pride VIP package. Concert headliners include Maren Morris, Myki Meeks, Leikeli47 and Harrison. Other performers include Carlos Ova Dupress, Kora Edge, Ruepratt, RenRiot, Vagenesis, Kitty Lovelace, Ari Voxx, RAYSHARD, Bryce Bowyn, the 2026 Capital Pride royal court, Lisa Lisa, Ms. DC Black Pride and Destiny B. Childs. An accessibility zone is available with ASL interpretation and accessible seating.
KINETIC’s discoVERS closing party is scheduled from 10 p.m.-3 a.m. at SAX (734 11th St., N.W.). Music is provided by Alexis Tucci and Clinton Foster. Tickets are $41.76-$69.46 + fees and are available at kineticpresents.com. The event is 21+.
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McDuffie concedes to Lewis George in D.C.’s mayoral primary
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